ACCOUNTABILITY AND IMMIGRATION - Part two
THE BORDER FIASCO: PART TWO
Recap of Part One
Over the course of Biden’s four year tenure in the White House, he used his executive authority to completely revamp the bureaucratic regulations governing immigration policy. These executive orders reinterpreted established immigration laws enacted by Congress to weaken or eliminate the original intent of those laws. In cases where that was not possible, Secretary Myorkas ordered the Department of Homeland Security (DHS) to not enforce provisions of the law that interfered with the administration’s goal of open borders.
Policy changes included redefining asylum, the handling of criminal migrants, parole status, adjudication procedures, and the CBP-One app. These and other immigration law manipulations resulted in a DHS estimated influx of between 13 and 15 million immigrants being allowed to cross the border unlawfully. These were the illegals that were apprehended, processed. and given questionable asylum status. The above DHS estimate also includes the 1.5 million migrants that the Customs and Border Patrol (CBP) claims evaded apprehension. However, that official gotaway number appears to be low-balled. The estimated number of gotaways as a percentage of apprehensions fluctuated significantly from 2020-2024, and the DHS provided no data at all for 2022. An AI generated estimate, based on the DHS own data, yielded an additional 7.4 million illegal immigrants that were not apprehended. If even half of that estimate is true, then the illegal immigration influx during the Biden administration would actually be closer to around 18 million: a truly mind boggling indictment of a failed border policy.
The Immigration Shell Game
Under the Biden Administration’s executive orders, a shadowy process has evolved to deal with illegal immigrants. After apprehension by the CBP at the border, an illegal is processed under Title 8 USC which can result in either expulsion, arrest, detention or release depending on the immigrants individual circumstances. However, the vast majority were released into the US after being scheduled for an asylum hearing before an immigration judge. This was also the case with immigrants who were processed at ports of entry through the CBP-ONE application.
The Border Patrol holding stations where the processing takes place screen and vet the illegal immigrants for potential security and health risks. These stations have had difficulty dealing with the substantial influx of illegals under the “Biden” surge, and are typically near or at capacity. According to CBP data, the average length of stay is between 24-48 hours. That depends not only on individual circumstances, but also on processing resources. To prevent the negative publicity associated with overflow conditions, the CBP has released illegals directly into the community with a notice to appear in court, or to NGOs for care. These NGOs apply for and receive taxpayer funding to provide the infrastructure necessary for the processing, transportation, and services necessary to facilitate the migration of illegal aliens into the interior of the country. The United Nation’s 2023-2024 Regional Refugee and Migrant Response Plan lists more than 200 NGOs participating in this effort. It is these NGOs who are the enablers that operate the infrastructure that has both supported and aggravated the immigration crisis.
Cost to the Taxpayer
If there was not a mechanism to feed, shelter, and organize the transportation of illegal immigrants into the interior of the United States, then the CBP would have been forced to completely close the border years ago. For their part, Congress has not established any federal organizations, nor have they appropriated any funds specifically for the purpose of distributing asylum seekers throughout the country. Currently, Immigration Courts have over 3.7 million cases awaiting adjudication. Waiting times could be anywhere between 5 and 10 years. These self-selected NGOs, which deal with handling that asylum backlog, have become the de facto travel agency for the Department of Homeland Security.
Who pays these NGOs for this massive processing, support, and transportation apparatus? U.S. taxpayers do! An “industrial complex” can be defined as a collective mechanism to connect businesses, foundations, and organizations intent on achieving a specific goal by using federal tax dollars for funding. Immigration NGOs and Faith Based Charities have combined into one such alliance. This murky Immigrant Industrial Complex hides behind the facade of humanitarian compassion. Meanwhile, it facilitates the illegal movement of immigrants into the US and receives billions of federal tax dollars for doing so. The following funding streams are in play.
1. United Nations: From 2021 through 2024, the UN has provided 1.7 billion dollars to the Immigration Complex to assist immigrants from 17 South and Central America Countries heading north to cross the US border illegally. This is accomplished through the “Cash and Voucher Assistance” and “Multipurpose Cash Assistance” programs. These funds are typically funneled through various faith-based NGOs, including Jewish, Lutheran, Seventh Day Adventist, Catholic, and other nondenominational evangelical organizations. The money provided can be used for any purpose the immigrants want, including paying drug cartels for transportation. The US pays for 22% of the UN budget so the US contribution was $376 million.
2. Department of Homeland Security: From 2021 – 2024, DHS has provided approximately $3.5 billion to the Immigration Complex. These funds were primarily administered by FEMA and funneled through the Shelter and Services Program. They provided assistance for illegal immigrants through reimbursement grants to NGOs for services provided (food, shelter, travel assistance), the Emergency Food and Shelter – Humanitarian Awards Program, and direct funding to communities receiving immigrants.
3. State Department: From 2021 – 2024, the State Department has provided $1.165 billion to the Immigration Complex. Although primarily concerned with refugees, the State Department has used the Bureau of Population, Refugees, and Migration, and the United States Agency for International Development (USAID) to funnel funds to NGOs and faith-based organizations for immigration assistance, relocation, and other immigration related activities. Although USAID is an independent federal agency the administrator of USAID reports directly to the Department of State and their participation is included here.
The DHS Inspector General has raised concerns about financial mismanagement of these funds. A sample audit of $12.9 million awarded to 18 grant recipients was unable to account for $7.4 million (58%) of those funds. There are significant issues with accountability, lax record keeping, inadequate transparency, lack of oversight, no stringent tracking mechanisms, and other administrative issues. These discrepancies makes it difficult to ensure that these funds are being used as intended. From 6-figure salaries for NGO CEOs to $50 per hour bus drivers there is a huge potential for financial mismanagement. A Florida Grand Jury investigation found that 70% of funds to some NGOs were being used for salaries and other unrelated expenses.
Damage to US Communities
The easiest to measure, but not the only negative impact to American cities, is the drain on municipal budgets. The cost of dealing with this influx of illegal immigrants can be significant. A study released in 2023, by the Federation for American Immigration Reform, documented the financial burden being imposed for the care of illegal immigrants. The report included a slew of expenses on state and local governments, including social services, welfare, emergency medical care, school system costs, criminal incarceration, court costs, and in some cases state mandated housing requirements. That annual net cost was estimated at $150.7 billion or $1,156 per US taxpayer. The DHS, for their part during 2023-2024 in a meager attempt to ameliorate this problem, funneled $1.5 billion to the Shelter and Services Program as grants for cities.
That financial burden is not distributed uniformly with different locales being effected in unique ways. The city of Logansport Indiana, with a population of only 18,000 and without adequate housing to absorb an influx of 5000 Haitian immigrants, saw housing costs increase 41%. San Francisco saw public school enrollment increase by 150 students per month in 2023. New York City, which is required to comply with the State’s “Right to Shelter” mandate, spent $4.3 billion over the last 2 years to comply.
The Personal toll of Crime
There is no Statistical data to suggest that crime rates for undocumented aliens are any higher than that for US-born citizens. That makes sense. Staying off the radar of Law Enforcement would be advisable for anyone who entered the country illegally. However, a lower crime rate is not the same as a zero crime rate. Available data documents specific instances of residential theft, sexual assault, and homicide being committed by illegal immigrants. The National Institute of Justice released a study conducted in Texas that pegged the violent crime arrest rates for native-born Americans at 213 per 100,000 while that for undocumented aliens was significantly lower at 96.2 per 100,000. Other studies have reached similar conclusions with the National Bureau of Economic Research finding that illegal immigrants were 60% less likely to be incarcerated than US-born citizens.
The one glaring statistical anomaly in the data is the homicide rate. For native-born Citizens it was 3.0 per 100,000, and for undocumented immigrants it was only slightly lower at 2.2 per 100,000. Applying that ratio to the estimated Texas population of 1.6 million illegal immigrants equates to 16 murders that might not have occurred without illegal immigration. That would be 180 murders nationwide if the ratio held for the entire illegal immigration population over the last 4 years. However, though lacking actual specific data, it would be logical to attribute the majority of that violent crime to the 662,256 illegal immigrants either convicted of serious crimes or with pending criminal charges that are on the DHS Non-detained Docket. That is a list of criminal illegal immigrants apprehended, and then released into the Country by Immigration and Customs Enforcement (ICE).
The Cartels
The Biden Administration, by encouraging a mass migration of immigrants with offers of blanket asylum status, has also set in motion the parameters for the Drug Cartels to expand their control of the Mexican side of the border. From 2021 through 2024, illegal drugs shipments of Cocaine, Methamphetamine, and Fentanyl have all increased across our southern border. The CBP data shows that most illicit drugs are smuggled through Points of Entry in bulk rather than by individuals operating as drug mules in between those points. The primary blame lies with use of these substances by Americans. A demonstrable compounding factor is the significant number of CBP agents that have been reassigned to immigrant processing duties instead of border security.
The violence and abuse resulting from an immigration policy out of control has not just affected U.S. cities and citizens, but has been foisted on the immigrants themselves. The land passage from South or Central America through Mexico to our southern border is one controlled by criminal Drug Cartels. The abuse of these immigrants, including theft, rape, murder, and abduction of children for sex trafficking, is well documented. In fact, it may have been one of the motivating reasons for the DHS to convert the CBP ONE app from perishable cargo to human cargo. Still the CBP ONE path of immigration is limited in both scope and affordability for the majority of immigrants. The exploitation also doesn’t end with a successful border crossing and an asylum application.
The Children
The most disturbing aspect of this crisis is the abduction of children for sex-trafficking. There are no valid estimates for the scope of the problem south of the border, but the statistics after crossing the border are appalling. The DHS has admitted to loosing track of 32,000 unaccompanied children, and poor record keeping suggests that the number may be is even higher. In true Orwellian double speak, the DHS has stated that they have not actually lost control of unaccompanied minors, but rather, they just don’t have information as to their current whereabouts. Some may be with valid sponsors, some with relatives, and some records possibly lost in the transfer of control to Health and Human Services (HHS). That transferal of responsibility is require to take place within 72 hours, if the child cannot be repatriated safely to their home country. HHS is responsible for either locating the parents, or for placement with a suitable sponsor pending completion of immigration proceedings. A whistle-blower has reported that the HHS has lost track of 85,000 unaccompanied minors after being placed with sponsors alleged to be involved in trafficking or exploitation. The DHS has also admitted that in the last 5 years they have failed to give notices to appear in court in order to complete the immigration process for 291,000 children.
The Deportation Solution
Step one is to immediately close the Border to illegal crossings, and to reinstate the provisions of Title 8 which allowed for detaining, processing, and deporting illegal immigrants in an expedited manner. Title 8 carried with it a 5 year ban on reentry, and 20 years if caught a second time. Step two incorporates deporting those immigrants that are here illegally. Progressive proponents of open borders and the mockingbird media will try to spin the false narrative that all of the estimated 11-18 million illegal immigrants in this country are comparable, and should be treated equally. That quite honestly is unadulterated bunk. Here are my thoughts on deportation priorities:
1. Start with the South American gang members regardless of their immigration status.
2. Next round up and deport the individuals on ICE’s Non-Detained Docket (NDD) with prior criminal convictions or pending criminal charges. US Immigration Law (8 U.S.C. § 1182) prohibited granting these approximately 663,000 illegal immigrants admission in the first place.
3. Follow that with apprehending and deporting the 1.4 million illegal immigrants on ICE’s NDD who already have deportation orders awaiting implementation.
4. There are 120,000 fugitives attempting to evade their deportation orders. Catch and deport them.
5. Any illegal immigrant who has been granted asylum and committed a crime while awaiting adjudication of their asylum application should forfeit their status and be deported.
6. A bipartisan resolution released by the House Judiciary Committee estimated that there were 3.3 million illegal immigrants who have been released into the country but are considered “inadmissible aliens” and subject to removal. Deport them.
7. The Immigration and Nationality Act (INA) authorizes the Secretary of DHS to exercise discretion on a case by case basis to grant “parole” on a temporary basis, for a limited period of time, and for a discrete purpose. Hundreds of thousands of immigrants (from Afghanistan, Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, Honduras, Nicaragua, Ukraine, and Venezuela) have been granted mass paroles by Secretary Mayorkas. A Federal Judge ruled that the States who objected to these mass paroles did not have the standing to file a lawsuit. He did not rule on the legality of the paroles. This issue needs to be settled by the incoming Attorney General, and these immigrants given the opportunity to apply for asylum in a normal process or be deported.
8. President Trump should issue an Executive Order that restores the original intent of asylum which was to provide protection to individuals fleeing persecution, severe abuse or denial of human rights due to race, nationality, religion, or political opinions. There are 3.7 million illegal immigrants awaiting adjudication of their asylum status. Those who qualify should be allowed to remain, and those who are here for economic betterment and who bypassed the regular immigration process should be deported.
9. Vistors who deliberately overstay their visas, or tourists from countries not requiring visas who haven’t left can be identified through the passport verification process. They are here illegally and should also be deported.
10. Congress needs to completely revamp immigration law and streamline unnecessary bureaucrat complexities to make legal immigration the preferred choice for immigrants.
In approximate numbers, there are somewhere between 5.5 and 9.2 million illegal immigrants that should not have been allowed into the country. Should they all be deported? In some categories, yes and without question. In other categories, particularly with the parolees and the asylum seekers, the decision should be made on a case by case basis. For that, the DHS needs to terminate the U.S. Citizenship and Immigration Services (USCIS) asylum officer program, and return the adjudication process to more qualified immigration judges. Then let the chips fall where they may.
Addendum
I recently watched an investigative documentary by James O’Keefe on the Tucker Carlson Network (TCN). Entitled “LINE IN THE SAND”, it was a classic piece of O’Keefe guerilla journalism that exposed the lies and corruption of the illegal Immigration Industrial Complex using hidden cameras, personal testimonials, and shocking videos. I highly recommend watching this documentary it in its entirety, but TCN membership is required and one month subscription is less than what you would pay to watch this film in a movie theater.
I found this film deeply disturbing, especially the segment on unaccompanied children. The phrase that kept reoccurring from Border Patrol Agents, Department of Homeland Security Bureaucrats and Non-Governmental Organization officials is “I’m just trying to do my job”. Framed by a backdrop of blatant criminal cartel involvement, administrative corruption, and bureaucratic ineptitude, that phrase was eerily similar to the post World War II German excuse of “I was just following orders”. Unarguably, the horrors of the Holocaust were orders of magnitude worse than this self-inflicted immigration fiasco. Yet, the harms done are so much more poignant, because they are being propagated by a country that professes to know better, that claims to believe in the rule of law, and that imagines itself to be a compassionate Nation. The film does show individual whistle blowers and Border agents struggling against the shackles of the Bureaucracy, but the magnitude and inertia of the exploitation was inexorable.
U.S. Immigration Courts
The US immigration court backlog consists of various case types. According to federal data, the backlog is currently 3.7 million cases with about 1.7 million of them being asylum applicants awaiting hearings or decisions. There are only about 700 Immigration Court Judges, which is woefully inadequate for the scope of the problem.
Asylum cases: These cases involve individuals seeking protection in the US due to fear of persecution in their home country.
Deportation proceedings: These cases involve individuals who are facing removal from the US, often due to illegal entry or other immigration violations.
Permanent residence petitions: These cases involve individuals seeking to obtain permanent resident status in the US.
Work permit applications: These cases involve individuals seeking authorization to work in the US.